Frivolity

Frivolous, as defined by Webster, describes a silly or whimsical activity. The term can be applied by others witnessing a behavior or individuals describing the motivations for their specific actions. Today, we talk only of the former, so how can anyone use this word in conjunction with "lawsuit". Suing someone is anything but fun and I find it hard to believe that anyone would frivolously leap into the legal pool. We have been duped, you and I both, and allow me a few minutes of your time to explain.

I have long thought that a big piece of needed reform within our legal system is the seemingly astronomical awards given to foolish people suffering from poor judgment. The lady and the hot McDonalds coffee is the poster child for such reform. Truth be told, this attempt at tort reform can be traced back to corporate board rooms and that, my friends, is generally not in our best interests.

Should you get the chance to view HBO's "Hot Coffee", don't pass it up. This documentary chronicles the slow, yet steady, strategy employed to limit our access to courtrooms or justified damage awards. Some states have imposed penalty caps on awards while corporations prefer arbitration clauses in contracts with their customers, all in the name of tort reform. The former makes legal action financially unfeasible while the latter bars us from the courtroom altogether.

OK, it should come as no surprise to learn of corporate America's desire to keep you and me from seeking redress for their shenanigans, but why is the campaign so successful? I'd say good marketing aimed at fair-minded folks. And aren't we all fair- minded? Well, I'm fair-minded, anyway, but I'm not so sure about you.

And just like that, we've all been hornswoggled into this high pitched, hot tempered, tort reform fever as we fall prey to the misconception that frivolous lawsuits will be our undoing. Get rid of them, we're told, and all costs go down: medical, insurance, merchandise, and the like. After all, the prices are high to cover the costs of such frivolity. (In states that have instituted reform by limiting awards, no evidence of lower premiums, etc. has been found.)

In so doing, though, we bypass an integral part of our judicial system: the jury. Left to their deliberation, they are in the best position to separate the frivolous from the serious and render appropriate verdicts. Otherwise, we've allowed politicians and CEO's to define the term and one needs little time to decide who's best interests would be served. (Hint: it's not us!)

It's not my place to rule on the merits of your complaint unless, of course, I'm a member of the jury hearing your case. Nor is it your place to rule on mine. I think we can also agree that any foray into the legal arena is something far from frivolous. That being said, let's temper our rush to tort reform by remembering the two important letters in frivolous: u and i.